2023 (9) TMI 1194

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...., Advocate for the Appellant Shri Harendra Singh Pal, AC (AR) for the Respondent ORDER This appeal is filed by State Bank of India against Order in Original No. 26/2010 dated 27.12.2010 passed by the Commissioner of Central Excise, Chennai (impugned order). 2. Brief facts of the case are that the appellant is registered with the Service Tax Department and is engaged in providing Bankin....

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....e definition of 'Banking and other Financial Services' as per section 65(12) read with section 65(105)(zm) of the Finance Act 1994 includes the services provided by the appellant in relation to operation of EPF accounts and is leviable to service tax. Hence Show Cause Notice was issued to the appellant proposing to demand service tax of Rs.1,19,85,582/- payable during the period 10.9.2004 to 31.3.....

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....f India Act, 1934, for which they were receiving a commission. The same is not liable to pay any tax since the principal itself is exempt from paying tax. On a similar set of facts, a Coordinate Bench of this Tribunal in the case of Canara Bank Vs. Commissioner of Service Tax, Bangalore reported in [2012 (28) STR 369] held that the schedule bank performing activities as a statutory agent of the Re....

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....ed before us have not contested the taxability of the commission amount received from Employees Provident Fund Organization. The appeal was filed due to non-consideration by the Original Authority of Audited Final Accounts in arriving at the final tax liability. Their change in stand is occasioned by the judgement of a Coordinate Bench of this Tribunal in the case of 'Canara Bank' (supra) which ca....